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21 U.S.C. § 2361 — Treatment of forfeited property of transnational criminal organizations

Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 2361 — Treatment of forfeited property of transnational criminal organizations

**(a) Transfer of forfeited property to forfeiture funds** (1) **In general** — Any covered forfeited property shall be deposited into the Department of the Treasury Forfeiture Fund established under [section 9705 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9705&num=0&edition=prelim) or the Department of Justice Assets Forfeiture Fund established under [section 524(c) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section524/c&num=0&edition=prelim). (2) **Report required** — Not later than 180 days after April 24, 2024, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report on any deposits made under paragraph (1) during the 180-day period preceding submission of the report. (3) **Covered forfeited property defined** — In this subsection, the term “covered forfeited property” means property— (A) forfeited to the United States under chapter 46 or [section 1963 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1963&num=0&edition=prelim); and (B) that belonged to or was possessed by an individual affiliated with or connected to a transnational criminal organization subject to sanctions under— (i) this subchapter; (ii) the Fentanyl Sanctions Act ([21 U.S.C. 2301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section2301&num=0&edition=prelim) et seq.); or (iii) Executive Order 14059 ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) note; relating to imposing sanctions on foreign persons involved in the global illicit drug trade). **(b) Blocked Assets Under Terrorism Risk Insurance Act o

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Source file: Laws/federal/codes/united-states-code/title-21/section-2361-treatment-of-forfeited-property-of-transnational-criminal-organizations--abe9f23ba1.md
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Source location: Title 21, Chapter 28A, § 2361; chapter-28a-fentanyl-eradication-and-narcotics-deterrence-off-fentanyl.md

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1610 — Exceptions to the immunity from attachment or execution

**(a)** The property in the United States of a foreign state, as defined in section 1603(a) of this chapter, used for a commercial activity in the United States, shall not be immune from attachment in aid of execution, or from execution, upon a judgment entered by a court of the United States or of a State after the effective date of this Act, if— (1) the foreign state has waived its immunity from attachment in aid of execution or from execution either explicitly or by implication, notwithstanding any withdrawal of the waiver the foreign state may purport to effect except in accordance with the terms of the waiver, or (2) the property is or was used for the commercial activity upon which the claim is based, or (3) the execution relates to a judgment establishing rights in property which has been taken in violation of international law or which has been exchanged for property taken in violation of international law, or (4) the execution relates to a judgment establishing rights in property— (A) which is acquired by succession or gift, or (B) which is immovable and situated in the United States: Provided, That such property is not used for purposes of maintaining a diplomatic or consular mission or the residence of the Chief of such mission, or (5) the property consists of any contractual obligation or any proceeds from such a contractual obligation to indemnify or hold harmless the foreign state or its employees under a policy of automobile or other liability or casualty insurance covering the claim which merged into the judgment, or (6) the judgment is based on an order confirming an arbitral award rendered against the foreign state, provided that attachment in aid of execution, or execution, would not be inconsistent with any provision in the arbitral agree

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1701 — Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities

**(a)** Any authority granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat. **(b)** The authorities granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 2301 — Termination

The provisions of this chapter, and any sanctions imposed pursuant to this chapter, shall terminate on the date that is 7 years after December 20, 2019.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 9705 — Department of the Treasury Forfeiture Fund

**(a) In General.—** There is established in the Treasury of the United States a fund to be known as the “Department of the Treasury Forfeiture Fund” (referred to in this section as the “Fund”). The Fund shall be available to the Secretary, without fiscal year limitation, with respect to seizures and forfeitures made pursuant to any law (other than section 7301 or 7302 of the Internal Revenue Code of 1986) enforced or administered by a Department of the Treasury law enforcement organization for the following law enforcement purposes: (1) (A) Payment of all proper expenses of seizure (including investigative costs incurred by a Department of the Treasury law enforcement organization leading to seizure) or the proceedings of forfeiture and sale, including the expenses of detention, inventory, security, maintenance, advertisement, or disposal of the property, and if condemned by a court and a bond for such costs was not given, the costs as taxed by the court. (B) Payment for— (i) contract services; (ii) the employment of outside contractors to operate and manage properties or to provide other specialized services necessary to dispose of such properties in an effort to maximize the return from such properties; and (iii) reimbursing any Federal, State, or local agency for any expenditures made to perform the functions described in this subparagraph. (C) Awards of compensation to informers under section 619 of the Tariff Act of 1930 ([19 U.S.C. 1619](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1619&num=0&edition=prelim)). (D) Satisfaction of— (i) liens for freight, charges, and contributions in general average, notice of which has been filed with the appropriate Customs officer according to law; and (ii) su

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1963 — Criminal penalties

**(a)** Whoever violates any provision of section 1962 of this chapter shall be fined under this title or imprisoned not more than 20 years (or for life if the violation is based on a racketeering activity for which the maximum penalty includes life imprisonment), or both, and shall forfeit to the United States, irrespective of any provision of State law— (1) any interest the person has acquired or maintained in violation of section 1962; (2) any— (A) interest in; (B) security of; (C) claim against; or (D) property or contractual right of any kind affording a source of influence over; any enterprise which the person has established, operated, controlled, conducted, or participated in the conduct of, in violation of section 1962; and (3) any property constituting, or derived from, any proceeds which the person obtained, directly or indirectly, from racketeering activity or unlawful debt collection in violation of section 1962. The court, in imposing sentence on such person shall order, in addition to any other sentence imposed pursuant to this section, that the person forfeit to the United States all property described in this subsection. In lieu of a fine otherwise authorized by this section, a defendant who derives profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds. **(b)** Property subject to criminal forfeiture under this section includes— (1) real property, including things growing on, affixed to, and found in land; and (2) tangible and intangible personal property, including rights, privileges, interests, claims, and securities. **(c)** All right, title, and interest in property described in subsection (a) vests in the United States upon the commission of the act giving rise to forfeit

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 2301 — Sense of Congress

Page 1022 TITLE 21—FOOD AND DRUGS § 2301 Modernization Act, which enacted this chapter and sec- tions 350g to 350l–1, 379j–31, 384a to 384d, 399c, and 399d of this title, section 7625 of Title 7, Agriculture, and section 280g–16 of Title 42, The Public Health and Wel- fare, amended sections 331, 333, 334, 350b to 350d, 350f, 374, 381, 393, and 399 of this title and section 247b–20 of Title 42, and enacted provisions set out as notes under sections 331, 334, 342, 350b, 350d, 350e, 350g to 350j, 350l, and 381 of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2201 of this title and Tables. CHAPTER 28—SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT SYNTHETIC OPIOIDS Sec. 2301. Sense of Congress. 2302. Definitions. SUBCHAPTER I—SANCTIONS WITH RESPECT TO FOREIGN OPIOID TRAFFICKERS 2311. Identification of foreign opioid traffickers. 2312. Imposition of sanctions. 2313. Description of sanctions. 2313a. Designation of transactions of sanctioned persons as of primary money laundering concern. 2314. Waivers. 2315. Procedures for judicial review of classified in- formation. 2316. Briefings on implementation. SUBCHAPTER II—OTHER MATTERS 2331. Director of National Intelligence program on use of intelligence resources in efforts to sanction foreign opioid traffickers. 2332. Authorization of appropriations. 2333. Regulatory authority. 2334. Termination. 2335. Exception relating to importation of goods. TERMINATION OF CHAPTER For termination of chapter 7 years after Dec. 20, 2019, see section 2334 of this title. § 2301. Sense of Congress It is the sense of Congress that— (1) the United States should apply economic and other financial sanctions to foreign traf- fi

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 2361 — Treatment of transnational criminal orga-

Page 1032 TITLE 21—FOOD AND DRUGS § 2355 paroling the alien into the United States is necessary— (A) to permit the United States to comply with the Agreement regarding the Head- quarters of the United Nations, signed at Lake Success on June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States; or (B) to carry out or assist law enforcement activity of the United States. (3) Humanitarian exemption The President may not impose sanctions under this subchapter with respect to any per- son for conducting or facilitating a trans- action for the sale of agricultural commod- ities, food, medicine, or medical devices or for the provision of humanitarian assistance. (Pub. L. 118–50, div. E, title I, § 3104, Apr. 24, 2024, 138 Stat. 937.) Editorial Notes REFERENCES IN TEXT The National Security Act of 1947, referred to in sub- sec. (c)(1), is act July 26, 1947, ch. 343, 61 Stat. 495. Title V of the Act is classified generally to subchapter III (§ 3091 et seq.) of chapter 44 of Title 50, War and Na- tional Defense. For complete classification of this Act to the Code, see Tables. § 2355. Treatment of forfeited property of transnational criminal organizations (a) Transfer of forfeited property to forfeiture funds (1) In general Any covered forfeited property shall be de- posited into the Department of the Treasury Forfeiture Fund established under section 9705 of title 31 or the Department of Justice Assets Forfeiture Fund established under section 524(c) of title 28. (2) Report required Not later than 180 days after April 24, 2024, and every 180 days thereafter, the President shall submit to the appropriate congressional committee

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1610 — Exceptions to the immunity from attach-

Page 435 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1610 1 See References in Text note below. except as provided in sections 1610 and 1611 of this chapter. (Added Pub. L. 94–583, § 4(a), Oct. 21, 1976, 90 Stat. 2895.) Editorial Notes REFERENCES IN TEXT The time of enactment of this Act, referred to in text, probably means the time of enactment of Pub. L. 94–583, which was approved Oct. 21, 1976. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 21, 1976, see sec- tion 8 of Pub. L. 94–583, set out as a note under section 1602 of this title. § 1610. Exceptions to the immunity from attach- ment or execution (a) The property in the United States of a for- eign state, as defined in section 1603(a) of this chapter, used for a commercial activity in the United States, shall not be immune from attach- ment in aid of execution, or from execution, upon a judgment entered by a court of the United States or of a State after the effective date of this Act, if— (1) the foreign state has waived its immu- nity from attachment in aid of execution or from execution either explicitly or by implica- tion, notwithstanding any withdrawal of the waiver the foreign state may purport to effect except in accordance with the terms of the waiver, or (2) the property is or was used for the com- mercial activity upon which the claim is based, or (3) the execution relates to a judgment es- tablishing rights in property which has been taken in violation of international law or which has been exchanged for property taken in violation of international law, or (4) the execution relates to a judgment es- tablishing rights in property— (A) which is acquired by succession or gift, or (B) which is immovable and situated in the United

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1701 — Unusual and extraordinary threat; dec-

Page 151 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 CHAPTER 35—INTERNATIONAL EMERGENCY ECONOMIC POWERS Sec. 1701. Unusual and extraordinary threat; declara- tion of national emergency; exercise of Presidential authorities. 1702. Presidential authorities. 1703. Consultation and reports. 1704. Authority to issue regulations. 1705. Penalties. 1706. Savings provisions. 1707. Multinational economic embargoes against governments in armed conflict with the United States. 1708. Actions to address economic or industrial es- pionage in cyberspace. 1709. Imposition of sanctions with respect to theft of trade secrets of United States persons. 1710. Confronting asymmetric and malicious cyber activities. § 1701. Unusual and extraordinary threat; dec- laration of national emergency; exercise of Presidential authorities (a) Any authority granted to the President by section 1702 of this title may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national secu- rity, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat. (b) The authorities granted to the President by section 1702 of this title may only be exer- cised to deal with an unusual and extraordinary threat with respect to which a national emer- gency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new dec- laration of national emergency which must be with respect to such threat. (Pub. L. 95–223, title II, § 202, Dec. 28, 1977, 91 Stat. 1626.) Statutory Notes and Related Subsidiaries SHORT TITLE

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